Judicial Activism in Economic Policy in the Waning Days of the New Deal: Interpreting the Coverage Provisions of the Fair Labor Standards Act, 1941-46

Judicial Activism in Economic Policy in the Waning Days of the New Deal: Interpreting the Coverage Provisions of the Fair Labor Standards Act, 1941-46

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Name: Southern Political Science Association
URL: http://www.spsa.net

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Waltman, Jerold. "Judicial Activism in Economic Policy in the Waning Days of the New Deal: Interpreting the Coverage Provisions of the Fair Labor Standards Act, 1941-46" Paper presented at the annual meeting of the Southern Political Science Association, Inter-Continental Hotel, New Orleans, LA, Jan 06, 2005 <Not Available>. 2009-05-26 <http://www.allacademic.com/meta/p67195_index.html>

APA Citation:

Waltman, J. L. , 2005-01-06 "Judicial Activism in Economic Policy in the Waning Days of the New Deal: Interpreting the Coverage Provisions of the Fair Labor Standards Act, 1941-46" Paper presented at the annual meeting of the Southern Political Science Association, Inter-Continental Hotel, New Orleans, LA Online <.PDF>. 2009-05-26 from http://www.allacademic.com/meta/p67195_index.html

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Page count: 35

Word count: 10869

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SUPREME COURT ACTIVISM IN ECONOMIC POLICY IN THE WANING DAYS OF THE NEW DEAL: INTERPRETING THE FAIR LABOR STANDARDS ACT 1941-46 Students of the Supreme Court universally agree that it made a dramatic shift in 1937. First in West Coast Hotel Co. v. Parrish 1 it retreated from the unbridled use of the Fourteenth Amendment's due process clause to invalidate state economic regulatory legislation. Then in National Labor Relations Board v. Jones and Laughlin Steel Corp. 2 the justices

simply had to stay "within hailing distance" between their shifts. The Supreme Court ruled that such a dismissal was premature. 81 325 U.S. 161 (1945). 82 166. 83 169. 84 196. 85 328 U.S. 680 (1946). 86 686-687. 87 312 U.S. 126 (1941). 88 The work of these committees is discussed in Willis Nordlund The Quest for a Living Wage: A History of the Federal Minimum Wage Program (Westport CT: Greenwood 1997) appendix. 89 322 U.S. 607 (1944). 90

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